Sally, having filed locally an affidavit required under the assumed name statute, has been operating and advertising her exclusive toy store for twenty years in Centerville, Illinois. Her advertising has consisted of large signs on her premises reading “The Toy Mart.” Bob, after operating a store in Chicago under the name of “The Chicago Toy Mart,” relocated in Centerville, Illinois, and erected a large sign reading “TOY MART” with the word “Centerville” written underneath in substantially smaller letters. Thereafter, Sally’s sales declined, and many of Sally’s customers patronized Bob’s store, thinking it to be a branch of Sally’s business. Discuss the rights of the parties.
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